Warranty and Liability Limitations. EXCEPT AS OTHERWISE SET FORTH EXPRESSLY HEREIN, THE SOFTWARE AND CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. CGS EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH LICENSEE'S ENJOYMENT OF THE SOFTWARE OR CONTENT OR AGAINST INFRINGEMENT. CGS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR CONTENT WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR CONTENT WILL BE CORRECTED. FURTHERMORE, CGS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CGS OR A CGS REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. THE SOFTWARE AND CONTENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH LICENSEE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING THE SOFTWARE OR CONTENT OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY
Warranty and Liability Limitations. Provider makes no warranties, express or implied, including, but not limited to, and implied warranties of merchantability or fitness for a particular purpose. Neither Provider nor its vendors will be liable for unauthorized access to Provider’s or End-User’s transmission facilities or premise equipment or for unauthorized access to or alteration, theft or destruction of End-User’s data files, programs, procedures or information through accident, fraudulent means or devices, or and other method, regardless of whether such damage occurs as a result of Provider’s or its vendors’ negligence. Any claim against Provider must be made within 90 days of the event of the claim and Provider has no liability thereafter. Provider’s liability is limited to repair, replacement, credit or refund. Provider may elect to provide a refund in lieu of credit, replacement or repair. All warranties cover only defects arising under normal use and do not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, modification, improper installation, or repairs by anyone other than Provider. In no event shall Provider’s total liability hereunder exceed the amounts paid by the End-User to Provider in the prior twelve (12) months from the date of claim.
Warranty and Liability Limitations. Konica Minolta makes no warranties, express or implied, about the Services, including but not limited to implied warranties of merchantability or fitness for a particular purpose, and said warranties are expressly denied.
Warranty and Liability Limitations. INDEMNIFICATION
a. Limitation of Liability - TVC shall not be liable for any delay or failure to provide the Service, including 911 dialing, at any time or from time to time, or for any interruption or degradation of voice quality that is caused by any of the following:
i. act or omission of an underlying carrier, service provider, vendor or other third party;
ii. equipment, network or facility failure;
iii. equipment, network or facility upgrade or modification;
iv. force majeure events such as (but not limited to) acts of God; strikes; fire; war; riot; government actions;
v. equipment, network or facility shortage;
vi. equipment or facility relocation; vii. service, equipment, network or facility failure caused by the loss of power to Customer;
viii. outage of Customers or broadband service provider;
Warranty and Liability Limitations. EXCEPT AS PROVIDED IN THIS SECTION, ALL SERVICES AND ALL DEVELOPER SOFTWARE ARE DELIVERED WITHOUT WARRANTY OF ANY KIND (EXPRESS IMPLIED, OR STATUTORY) TO CLIENT OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHEIVE PURPOSE; 4) QUALITY; OR 5) ACCURACY. NO EMPLOYEE, CONSULTANT, AGENT OR OTHER REPRESENTATIVE OF DEVELOPER HAS AUTHORITY TO BIND DEVELOPER TO ANY ORAL REPRESENTATIONS OR WARRANTIES CONCERNING THE SERVICES OR THE DEVELOPER SOFTWARE.
Warranty and Liability Limitations. EXCEPT AS SET FORTH HEREIN, NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OP MERCHANTABILTY AND FITNESS FOR A PARTICULAR PURPOSE, ARE MADE BY NEULION. IN NO EVENT WILL NEULION BE LIABLE TO LICENSEE OR ANY OTHER PARTY FOR ANY LOSS, INCLUDING TIME. MONEY, GOODWILL, LOST PROFITS AND CONSEQUENTIAL DAMAGES BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, WHICH MAY ARISE HEREUNDER OR FROM THE USE, OPERATION OR MODIF1CATION OF THE LICENSED PROGRAMS.
Warranty and Liability Limitations. Customer does not warrant that the BBN Planet Services will be available on a specified date or time or that the Network will have the capacity to meet the demand of End User or its End Users during specific hours. Neither Customer nor its Network Services Supplier will be liable for any damage that End User or its End Users may suffer arising out of use, or inability to use, the services or products provided hereunder. Neither Customer nor its Network Services Supplier will be liable for unauthorized access to Customer's transmission facilities or premise equipment or for unauthorized access to or alteration, theft or destruction of End User's data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of Customer's or its Network Service Supplier's negligence. IN NO EVENT WILL CUSTOMER OR ITS NETWORK SERVICES SUPPLIERS BE LIABLE FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR FOR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF BBN PLANET SERVICES TO ACCESS THE NETWORK.
Warranty and Liability Limitations. THE SERVICE SUPPLIER AND COMPANY ---------------------------------- DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SERVICE SUPPLIER WILL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO COMPANY'S OR END USER'S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF END USER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF SERVICE SUPPLIER'S NEGLIGENCE.
Warranty and Liability Limitations. 10.1. WISeKey Semiconductors warrants that the WISeKey Semiconductors Products supplied hereunder will under normal and proper use, be free from defects in material and workmanship and will conform to WISeKey Semiconductors’ applicable standard written specifications or, if appropriate, to the specification accepted in writing by WISeKey Semiconductors for a period of one (1) year from the date of delivery (the “Warranty period”).
10.2. These obligations only apply if (i) written notice is received five days after discovery of the defectiveness by Customer and before the expiration of the Warranty period, (ii) after WISeKey Semiconductors’ written authorization, Products are returned to WISeKey Semiconductors’ original shipping point, freight charges prepaid, and (iii) after examination Products are recognised as defective by WISeKey Semiconductors. WISeKey Semiconductors’ warranty shall be limited to the repair or the replacement, free of charge, of any Products that may be recognised as defective by WISeKey Semiconductors.
10.3. This warranty will not apply if the Products are subject to operating and/or environmental conditions in excess of the maximum values stated in the applicable specifications or otherwise have been subject to, including but not limited to, misuse, tampering, neglect, improper installation, abnormal stress, repair, modification, alteration or damage.
10.4. Except as is set out in this section 10, WISeKey Semiconductors grants no other warranties, either expressed or implied, including any implied warranties of quality, merchantability and fitness for a particular purpose. The parties hereby expressly waive and disclaim the statutory warranty of hidden defects.
10.5. In no event shall WISeKey Semiconductors be liable under any legal theory for any indirect, special, incidental and/or consequential damages. Damages such as but not limited to loss of profits, loss of revenue, loss of savings, loss of goodwill and/or loss of data shall be deemed as indirect and/or consequential damages and shall not give rise to any liability of WISeKey Semiconductors hereunder nor to payment of any compensation by WISeKey Semiconductors, even if WISeKey Semiconductors has been advised of the possibility of such damages. Under no circumstances shall WISeKey Semiconductors’ liability hereunder exceed an amount equal the net amount of the Order of Products or services which gave rise to the liability.
10.6. WISeKey Semiconductors, shall not be liable and...
Warranty and Liability Limitations. Except as set forth above, no other warranties, whether express or implied, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, are made by I-Storm. I-Storm warrants that this technology is good for its intended use. In no event will I-Storm be liable to Client or any other party for any loss, including time, money, goodwill, lost profits, and consequential damages based on contract, tort or other legal theory, which may arise hereunder or from the use, operation or modification of the work product. The maximum liability of I-Storm hereunder shall not exceed the amount actually paid by client under the applicable task contained in the Statement of Work.
